Eastern District of California • 1:26-cv-07885

#1

Sep 25, 2026

2241 PETITION for WRIT of HABEAS CORPUS against ICE/ERO, Markwayne Mullin, Todd Blanche, Tonya Andrews, David Venturella by Yenier Hernandez Burgos. (Deputy Clerk SZ) (Entered: 09/25/2026)

#2

Sep 25, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Yenier Hernandez Burgos. (Deputy Clerk SZ) (Entered: 09/25/2026)

#3

Sep 25, 2026

MOTION to APPOINT COUNSEL by Yenier Hernandez Burgos. (Deputy Clerk SZ) (Entered: 09/25/2026)

#4

Sep 25, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Yenier Hernandez Burgos. (Deputy Clerk SZ) (Entered: 09/25/2026)

#5

Sep 25, 2026

ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Yenier Hernandez Burgos signed by District Judge Mary K Dimke on 09/25/2026. (Deputy Clerk SZ) (Entered: 09/25/2026)

#6

Sep 25, 2026

IMMIGRATION NEW CASE DOCUMENTS. (Deputy Clerk SZ) (Entered: 09/25/2026)

Sep 25, 2026

SERVICE BY MAIL: 6 Immigration New Case Documents, 5 Order Authorizing IFP Status, Order on Motion to Proceed in forma pauperis served on Yenier Hernandez Burgos. (Deputy Clerk SZ)

Sep 25, 2026

Service by Mail

#7

Sep 28, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jonathan Williams, GOVT for Tonya Andrews,Jonathan Williams, GOVT for Todd Blanche,Jonathan Williams, GOVT for ICE/ERO,Jonathan Williams, GOVT for Markwayne Mullin,Jonathan Williams, GOVT for David Venturella (Williams, Jonathan) (Entered: 09/28/2026)

#8

Sep 28, 2026

MINUTE ORDER (Text Only Entry). The Court has reviewed the Petition for Writ of Habeas Corpus, ECF No. 1, and Motion for Temporary Restraining Order, ECF No. 4 . On this limited record, Petitioner has not demonstrated that the "extraordinary" relief of a temporary restraining order is warranted. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22-24 (2008). The statutory basis for his current detention, the terms of his prior release, and the circumstances of his return to custody require further development. The Motion for Temporary Restraining Order, ECF No. 4, is DENIED without prejudice. Petitioner's Motion to Appoint Counsel, ECF No. 3, is likewise DENIED without prejudice. Considering Petitioner's ability to articulate his claims, the nature of the issues presented, and the limited record presently available to assess the merits, the Court finds that the interests of justice do not require appointment of counsel at this stage. See 18 U.S.C. § 3006A(a)(2)(B). Respondents shall file a response to the Petition by October 8, 2026. The response shall address the statutory and factual bases for Petitioner's detention and the current status of his removal proceedings. Any response must include Petitioner's (A-File # 245-424-042) full and complete Form I-213, any orders of release or detention, any custody warrants or notices, and any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition, including his Form I-220A, any notice revoking his release, and available documentation related to any alleged violation of his release conditions. Respondents shall also provide any criminal records relied upon to justify Petitioner's detention and any decisions concerning his eligibility for a bond hearing. Petitioner may file a reply by October 22, 2026. Pending a ruling on the Petition for Writ of Habeas Corpus, Respondents shall not transfer Petitioner out of this District without prior Court approval. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (noting the Court's "express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction"). Signed by Visiting Judge Mary K. Dimke on September 28, 2026. (Deputy Clerk CMV) (Entered: 09/28/2026)

Sep 28, 2026

SERVICE BY MAIL: 8 Minute Order, served on Yenier Hernandez Burgos. (Deputy Clerk RMG)

Sep 28, 2026

Minute Order AND Order on Motion for TRO AND Order on Motion to Appoint Counsel

Sep 28, 2026

Service by Mail

#10

Oct 07, 2026

ORDER GRANTING 1 PETITION FOR HABEAS CORPUS AND REQUIRING BOND HEARING signed by Visiting Judge Mary K. Dimke on October 7, 2026. CASE CLOSED. (Deputy Clerk CMV)

#11

Oct 07, 2026

Judgment

Oct 08, 2026

Service by Mail